Legal Question in Real Estate Law in California
I was just faced with a NEW and EXPENSIVE experience and wonder if the city should help me with the bill for this situation. . . .??
The plumbing in my house became ALL backed up in the toilets, bath and shower and we were unable to unplug it ourselves, SO. . . . . .
I called a plumber to come out to HELP. They came in the evening and was unable to figure out the problem, because there is NO blockage/clog seen throughout our house . We were unable to use the toilets, bath and shower.. UGH ! (family of 5)
The next day the plumber came back and put a camera throughout the pipes again and finally found the blockage/break in the main drain pipe in our front yard/driveway. A $6,000. bill !!! WHAT the heck ??!! ?? All this is because of the CITY tree in our front yard, the one we are not allowed to maintain. I DO maintain our house/property and I feel it is NOT fair that I should have to deal with the WHOLE bill. . . . . . ??? Any ideas/help/options ???
2 Answers from Attorneys
File a claim with your homeowner insurance. They'll probably have to be pick this up. I've seen them argue they won't, so get legal help if you're having trouble. I've had a friend represent homeowners on this exact same problem (sewer line blockage) and they paid it.
Regarding the City any claim is required to be filed within 6 months.
Best of luck.
If the insurance claim doesn't work, keep in mind that (a) Small Claims can hear claims up to $7,500; (b) tree owners are responsible for harm done by roots that travel off-premises; but (c) claims against municipalities (or governments and their agencies in general) require exhaustion of administrative remedies before suit is filed and may have a relatively sort limitations period within which a claim must be made.
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